Thank you for visiting the Web site of Consistent Conversion, LLC, a Connecticut limited liability company with a principal place of business located at 32 Old Slip, Suite 504, New York, New York 10005.
For purposes of these Terms and Conditions references to the “Agreement” shall mean these Terms and Conditions as set forth herein. References to “we,” “our,” and “us” shall mean Consistent Conversion, LLC. References to the “Web site” shall mean the Web site bearing the URL www.consistentconversion.com, as well as any and all Web sites written and made available by us and may include associated media, printed materials and “online” or electronic documentation. References to “you” and “your” shall mean the user of the Web site.
At Consistent Conversion, we provide digital advertising account management for PPC Google AdWords and Bing Ads.
Agreement to be Bound.
The following conditions, together with the relevant information set out on our Web site, including any features and services available, such as RSS feeds, podcasts, images, video and products and materials found on the this Web site are subject to the Terms and Conditions set forth below. Please read them carefully as any use of this Web site constitutes an agreement, without acceptance, to be bound thereby by the user. You further represent that you are thirteen (18) years of age or older, or, in the alternative, are at least sixteen (16) years of age and have the express permission of a parent and/or legal guardian to access the Web site.
Modifications and Changes to Terms and Conditions.
We may modify, add to, suspend or delete the Terms and Conditions or other agreements, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Web site. Your use of the Web site after modification, addition or deletion of the Terms and Conditions shall be deemed to constitute acceptance by you of the modification, addition or deletion.
Modifications and Changes to the Web Site.
We may modify, add to, suspend, or delete any aspect of this Web site, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.
Prohibited Use of the Web site.
In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using the Web site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Web site or materials and products found thereon, or of any related Web site, other Web sites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Web site, other Webs sites, or the Internet. We reserve the right to terminate your use of the Web site for violating any of the prohibited uses or for any other reason at our sole and exclusive decision.
Accuracy, Completeness and Timeliness of Information.
We are not responsible if information made available on the Web site is not accurate, complete or current. You acknowledge that the Web site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
Right of Refusal, Limitation, and Discontinuation.
We reserve the right to refuse to provide any access to the Web site to anyone for any reason at any time at our sole discretion without recourse to you.
Intellectual Property Rights Not Waived.
All material (“Materials”) displayed or transmitted on this Web site, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics are owned by us and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties.
Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on the Web site, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials found on the Web site. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials found on the Web site.
You may make a single print copy of any of the Materials found on the Web site for personal, non-commercial use only, provided that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from any Material. You may not archive or retain any of the Materials found on the Web site without our express written permission. All requests for archiving, republication or retention of any part of the Materials found on the Web site must be in writing to us and must clearly state the purpose and manner in which the Material shall be used. Requests for permission to archive, retain, or republish any part of the Materials found on the Web site may be submitted to contact[at]consistentconversion.com.
You acquire no rights or license whatsoever in the Materials found on the Web site other than the limited rights to use the site in accordance with these Terms and Conditions. Any of the Materials found on the Web site accessed or downloaded from the Web site must be accessed or downloaded in accordance with the Terms and Conditions specified in this Agreement. We reserve any rights not expressly granted under these Terms and Conditions.
Advertisements and Promotions.
We may, from time-to-time, run advertisements and promotions from Third Parties (e.g. vendors) on the Web site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third-Party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of Third-Party promotions or advertisements on the Web site.
Links and Third-Party Links.
This Web site may, from time-to-time, contain links or pointers to Internet sites maintained by Third Parties (e.g. vendors.) We do not operate or control in any way any information, products or services on these Third-Party sites and we expressly disclaim any responsibility for such Third-Party sites, which are provided for your convenience on an “as is” basis without warranties of any kind, express or implied.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
(A) YOU EXPRESSLY AGREE THAT USE OF THIS WEB IS AT YOUR SOLE RISK. NEITHER US NOR ANY RELATED SUBSIDIARY, OTHER AFFILIATES NOR ANY RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR WEB SITE.
(B) ANY DOWNLOADABLE SOFTWARE, PRODUCTS OR OTHER MATERIALS, WITHOUT LIMITATION, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS.
(C) ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THIS WEB SITE ARE BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE MATERIALS OR ANY INFORMATION ON THIS WEB SITE.
(D) IN NO EVENT SHALL WE, OUR EMPLOYEES, SUBSIDIARIES, PARENTS, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS, VENDORS, AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AND MEMBERS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THIS WEB SITE.
(E) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY ACCESSING THE WEB SITE, YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE WEB SITE OR THE MATERIALS FOUND ON THIS WEB SITE.
(F) YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEB SITE, PRODUCTS AND/OR MATERIALS CARRIED THEREON, OR ANY OTHER GRIEVANCE, SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
The above limitations shall survive this Agreement and inure to the benefit of Consistent Conversion, LLC, and our affiliates and respective directors, officers, employees and agents.
You agree to defend, indemnify and hold us harmless, as well as our affiliates and respective directors, officers, employees and agents, from and against all claims and expenses, including attorneys’ fees, arising out of or related to your use of the Web site or the Materials found on this Web site. You further agree to defend, indemnify and hold us harmless, as well as our affiliates and respective directors, officers, employees and agents, from and against all claims and expenses, including attorneys’ fees for your breach of this Agreement or your violation of any law or the rights of a Third-Party.
This agreement will be governed and construed in accordance with the laws of New York, without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in New York County, New York, and any cause of action which arise from use of this Web site or from interpretation of these Terms and Conditions must be filed in the courts located in New York County, New York, subject to the mandatory arbitration provisions set forth below.
You agree that any dispute concerning, relating, or referring to these Terms and Conditions shall be resolved exclusively by binding arbitration according to the then existing rules of the American Arbitration Association. Such proceedings will be governed by and in accordance with substantive New York law and shall be heard in New York County, New York.
The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable.
Severability of Provisions.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Any remaining provisions shall be given effect to the fullest extent possible.
This constitutes the entire agreement between the parties concerning the Terms and Conditions of the Web site.
If you have any questions or concerns about the Terms and Conditions you may contact us at contact[at]consistentconversion.com.
Updates & Effective Date.
The effective date of this Agreement is March 1, 2015. From time to time, we may update these Terms and Conditions by prominently posting a notice of update to the Web site, so we encourage you to review them often.